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a single line, the total number of pack- porters, or their agents, covering all ages and the total weight, in kilo- the cargo for which such Shipper's Exgrams, of such exempt shipments. Ad- port Declarations are required by the ditionally, the air waybills for all ship- regulations in this part. ments must be available, in the port of (b) The exporting carrier shall be rearrival or departure in Puerto Rico, for sponsible for the accuracy of the folinspection by Customs and/or the Cen- lowing items of information (where resus Bureau.

quired) on the declaration: Name of (c) Rail carriers. Rail carriers trans- carrier (including flag if vessel carrier), porting merchandise as specified in U.S. Customs port of exportation, $30.20 shall file a car manifest. Such method of transportation from the manifest shall be filed with the Cus

United States, foreign port of unloadtoms Director at the border port of ex- ing, the bill of lading or air waybill portation, giving the marks and num- number, and whether or not containerbers, the name of the shipper or con- ized. For shipments to Canada exempt signor, description of goods and the from Shipper's Export Declaration fildestination thereof. The manifest may ing requirements (See $ 30.58), the exbe a waybill, or a copy thereof, or a

porting carrier shall enter the U.S. copy of the manifest prepared for for- Customs port of exportation and metheign customs. For any item for which a

od of transportation from the United Shipper's Export Declaration is not re

States on the bill of lading, air waybill, quired by these regulations, a notation or other documents that they prepare. on the manifest, or an oral declaration

(c) Except as provided in paragraph to the Customs Director, shall be made

(d) of this section, when a transporby the carrier as to the basis for the

tation company finds, prior to the filexemption.

ing of declarations and manifest as pro(d) Carriers not required to file mani- vided in paragraph (a) of this section, fests. These regulations do not require

that due to circumstances beyond the the filing of manifests by carriers other control of the transportation company than vessels, aircraft and rail carriers,

or to inadvertence, a portion of the nor by vessels under 5 net tons engaged

merchandise covered by an individual in trade with a foreign country other- Shipper's Export Declaration has not wise than by sea, nor by vessels specifi- been exported on the intended carrier, cally exempted from entry by section

the transportation company shall cor441, Tariff Act of 1930, as amended.

rect the descriptions and the quantity, (13 U.S.C. 302; 5 U.S.C. 301; Reorganization

value and shipping weight (if any) Plan No. 5 of 1950, Department of Commerce amounts shown on the declaration to Order No. 35–2A, August 4, 1975, 40 FR 42765) reflect the amount actually exported [41 FR 9134, Mar. 3, 1976, as amended at 58 FR

on the carrier named in the Shipper's 41424, Aug. 4, 1993]

Export Declaration. If a short ship

ment of this type is discovered by the $30.22 Requirements for the filing of carrier after the Shipper's Export Dec

Shipper's Export Declarations by laration in question has been delivered departing carriers.

to the District Director of Customs, (a) To meet the requirements of the transportation company will imme$ 30.20 for the filing of Shipper's Export diately notify the District Director of Declarations, every departing carrier Customs so that a correction can be transporting merchandise as specified made by the Director on all copies of in $30.20, including vessels, aircraft, the declaration if it is still in his posrail carriers, trucks and other vehicles, session. If the statistical copy of the ferries, and every other carrier shall declaration has been transmitted by deliver to the Customs Director at the the Director to the Bureau of the Cenport of exportation (for shipments from sus at the time of such notification, the United States to Puerto Rico, at the Director will require the exporter the port of arrival in Puerto Rico), (or his agent) to file a “Correction with the manifest of the carrier, if a Copy" of the originally filed Shipper's manifest is required by the regulations Export Declaration as described in in this part, Shipper's Export Declara- 8 30.16 of these regulations. If the baltions prepared and signed by the ex- ance of the short-shipped merchandise

is subsequently exported, a new Shipper's Export Declaration, complete in all detail, will be required. If the shortshipped merchandise is exported on a carrier of the transportation company named in the original declaration, and if such exportation is made within a reasonable period, the District Director of Customs may accept a declaration executed by such transportation company; otherwise the new declaration shall be executed by the exporter or his agent. In any event, the new declaration shall contain the following statement:

These commodities or technical data were included, but not shipped, on a Shipper's Export Declaration filed at

(Port) on (Date). (d) When a shipment by air covered by a single Shipper's Export Declaration is divided by the transportation company and exported in more than one aircraft of the transportation company, the "split shipment” procedure provided in 830.41 shall be followed by the transportation company in delivering manifests and Shipper's Export Declarations to the District Director of Customs.

(e) Exporting carriers are authorized to amend incorrect shipping weights reported on Shipper's Export Declarations, and to prorate total shipping weights among the individual commodities, where such carriers are able to do so based upon information in their possession.

all exportations through the pipeline to each consignee during the month. 830.24 Clearance or departure of car

riers under bond on_incomplete manifest or Shipper's Export Dec

larations. (a) For purposes of the regulations in this part, except when carriers are transporting merchandise from the United States to Puerto Rico, clearance (where clearance is required) or permission to depart (where clearance is not required) may be granted to any carrier by the Customs Director prior to the filing of a complete manifest as required under the regulations in this part, or prior to the filing by the carrier of all required Shipper's Export Declarations, provided that a bond as specified in paragraph (b) of this section is filed with the Customs Director. The condition of the bond shall be that a complete manifest, where a manifest is required by the regulations in this part and all required Shipper's Export Declarations, shall be filed by the carrier not later than the fourth business day after clearance (where clearance is required) or departure (where clearance is not required) of the carrier except as otherwise specifically provided in paragraphs (a) (1) and (2) of this section. For carriers transporting merchandise from the United States to Puerto Rico, if the complete manifest, as required, and all required Shipper's Export Declarations are not available for filing with the Customs Director in Puerto Rico within one business day after arrival, a bond, as specified in paragraph (b) of this section shall be filed with the Customs Director in Puerto Rico.

(1) For shipments aboard a U.S. flag carrier between the United States and Puerto Rico, or from the United States or Puerto Rico to the Virgin Islands of the United States, the condition of the bond shall be that a complete manifest (where a manifest is required) and all required Shipper's Export Declarations shall be filed by the carrier not later than the seventh business day after departure or in the case of shipments from the United States to Puerto Rico, the seventh business day after arrival.

(2) For rail carriers to Canada, the condition of the bond shall be that the

(13 U.S.C. 302; 5 U.S.C. 301; Reorganization Plan No. 5 of 1950; Department of Commerce Organization Order No. 35–2A, Aug. 4, 1975, 40 FR 42765) [41 FR 9134, Mar. 3, 1976, as amended at 43 FR 56030, Nov. 30, 1978; 44 FR 1971, Jan. 8, 1979; 55 FR 49615, Nov. 30, 1990; 58 FR 41424, Aug. 4, 1993]

830.23. Requirements for the filing of

Shipper's Export Declarations by

pipeline carriers. The operator of a pipeline may transport merchandise to a foreign country without prior filing of Shipper's Export Declarations, on the condition that within 4 days following the end of each calendar month the pipeline operator will deliver to the Customs Director Shipper's Export Declarations prepared by the exporter or his agent covering

of

Director may waive the requirement for the pro forma list of shipments for which declarations are missing, or may accept a list containing less than the items information enumerated above. Approval of bonds and administration of the provisions of the regulations in this part relating to performance by carriers under such bonds, including remission and mitigation of penalties incurred by the carriers, are hereby delegated to the Commissioner of Customs or his delegate to be carried out in accordance with the provisions of section 623 of the Tariff Act of 1930, as amended, and the regulations of the U.S. Customs Service issued pursuant thereto. (41 FR 9134, Mar. 3, 1976, as amended at 58 FR 41425, Aug. 4, 1993)

Subpart C-Special Provisions Ap

plicable Under Particular Circumstances

manifest and all required Shipper's Export Declarations shall be filed not later than the 15th business day after departure. In the event that any required manifest and all required Shipper's Export Declarations are not filed by the carrier within the period provided by the bond, then a penalty of $50 shall be exacted for each day's delinquency beyond the allowed period of 4 days, 7 days, or 15 days, as appropriate; and if the completed manifest, where required, and all required Shipper's Export Declarations are not filed within 3 days following the period of 4 days, 7 days, or 15 days, allowed under the bond, then for each succeeding day of delinquency a penalty of $100 shall be exacted, but no penalty shall exceed $1,000 in total. Remission or mitigation of the penalties provided herein may be granted in those cases where, in the judgment of the administering authority provided in paragraph (b) of this section, the penalties were incurred without willful negligence or fraud, or other circumstances justify a remission or mitigation.

(b) Bonds filed in accordance with the provisions of this $ 30.24 may take the form of a single entry bond on Customs Form 7567 in the amount of $1,000 or of a term or blanket bond on Customs Form 7569 in the amount of $10,000 or such larger amount as the Secretary of the Treasury may prescribe, or in other approved form. Except as provided below in this paragraph, there shall be shown on the bond, or on a separate listing which refers to and is made a part of the bond, a pro forma list of shipments on board the departing carrier for which Shipper's Export Declarations have not been filed with the Customs Director. The list shall show for each such shipment the name of the shipper, the country to which exported, marks and numbers of the packages, the number and kind of packages, a description of the goods and the value (or estimated value). However, where such waiver will not interfere with the ability of the Customs Director to check on performance under the bond, or with the identification of the shipment for purposes of obtaining statistical information in the event of failure of performance under the bond, the Customs

830.30 Values for certain types of

transactions. The following special arrangements govern the values to be reported for shipments of the following unusual types:

(a) Subsidized exports of agricultural products. Where provision is made for the payment of an export subsidy to the exporter for the exportation of agricultural commodities under a program of the Department of Agriculture, the value required to be shown on the export declaration is the f.a.s. value as defined in $30.7(q), based on the selling price paid by the foreign importer, excluding the amount of the subsidy.

(b) GSA exports of excess personal property. For exports of General Services Administration excess personal property, the value to be shown on the Shipper's Export Declaration will be the total of the estimated "fair value,” if any, at which the property was transferred to GSA by the holding agency, plus charges, when applicable, to the port of export, such as packing, rehabilitation, inland freight drayage. The estimated "fair value” may be zero, or it may be a percentage of the original or estimated acquisition costs. (Export Declarations for such

or

shipments will bear the notation "Excess Personal Property, GSA Regulations 1-III, 303.03.") 830.31 Identification of certain non

statistical and other unusual trans

actions. In order to enable the Bureau of the Census to make a judgment as to the statistical or other status of certain export transactions, Shipper's Export Declarations covering the following types of transactions should carry a statement beneath the commodity description clearly identifying the transactions as such:

(a) Merchandise exported for repair only, and other temporary exports to be returned to the United States which are not sold and do not enter the trade of the country to which shipped, e.g., merchandise for exhibition (not for exhibition and possible sale), horses or other animals for breeding or grazing, etc.

(b) The return of merchandise previously imported for repair only and other returns to the foreign shipper of temporarily imported merchandise (declared as such

on importation) on which no alteration or processing has been performed; e.g., foreign merchandise being returned to the country of origin after importation into the United States for exhibition only.

(c) Shipments of material in connection with construction, maintenance, and related work being done on projects for the U.S. Armed Forces. Equipment and other material shipped for temporary use on such projects and intended for return to the United States should be identified separately from construction material or other goods which will become a part of or which will be consumed in the construction or maintenance work.

of ownership or title, in their capacity as carriers of merchandise or as instruments of such carriers, and Shipper's Export Declarations are not required therefor when so moving.

(b) However, Shipper's Export Declarations shall be filed for such items, when moving as merchandise pursuant to sale or other transfer from ownership in the United States to ownership abroad. When a new vessel built in the United States for foreign account clears under a certificate of record (Commerce Form 1316) a Shipper's Export Declaration must be furnished by the agents or prepared by Customs for statistical purposes. If a vessel, car, vehicle, or container, whether in service or newly built or manufactured, is sold or transferred to foreign ownership while in the Customs area of the United States or at a port in such area, Shipper's Export Declarations shall be filed in accordance with the general requirements of the regulations in this part, at the port through or from which the vessel, car, vehicle, or container first leaves the United States after sale or transfer. If the vessel, car, vehicle, or shipping container is outside the Customs area of the United States at the time of sale or transfer to foreign ownership, Shipper's Export Declarations shall be filed at the last port of clearance or departure from the United States prior to sale or transfer. The country of destination to be shown on the Shipper's Export Declaration for vessels sold foreign is the country of new ownership. The country for which the vessel clears, or the country of registry of the vessel, should not be reported as the country of destination on the Shipper's Export Declaration unless such country is the country of new ownership.

830.32 (Reserved]

830.33 Vessels, planes, cargo vans, and

other carriers and containers sold

foreign. (a) Vessels, locomotives, rail cars, ferries, trucks, other vehicles, trailers, pallets, cargo vans, lift vans, or similar shipping containers are not considered "shipped” in terms of these regulations in this part when they are moving, either loaded or empty, without transfer

830.34 Return of exported cargo to the

United States prior to reaching its

final destination. (a) When a vessel carrying cargo which cleared from a port in the U.S. Customs area returns to the U.S. Customs area before it reaches its destination and discharges any or all of its cargo in the United States, the Customs Director at the port of unlading shall notify the Foreign Trade Division, Bureau of the Census, of this fact.

The letter of notification shall contain the following information: Name of the carrier, dates of clearance, manifest numbers assigned at the various Customs ports at which cargo was laden and the final disposition of all cargo. If the vessel returns to the port at which the cargo was originally laden, the letter of notification shall also include the bill of lading numbers shown on each export declaration filed at the time of clearance.

(b) For shipments by air where the Shipper's Export Declarations are filed at the port of lading, if it becomes necessary because of an emergency to unload part or all of the cargo at another port in the U.S. Customs area (other than the port in Puerto Rico or U.S. Possession which is its final destination), the Shipper's Export Declarations filed at the port of lading need not be cancelled if the merchandise is reladen on another plane at the second port within a reasonable time and proceeds to its country of destination. If there is unreasonable delay in reloading, the originally filed declarations should be cancelled and new declarations should be filed at the second port of lading. If for any reason, the merchandise remains permanently in the United States, the Customs Director at the first port of lading must be notified to cancel the Shipper's Export Declarations which have been filed. This provision is not intended as an exception from the requirements of $30.12 as to the place at which Shipper's Export Declarations are required to be filed; it is intended only for cases where an emergency requires an unintended unloading after the requirements of $30.12 have been met.

waive compliance with specific portions of the requirements of 30.7 with respect to the reporting of detailed information on the Shipper's. Export Declaration. Such exceptions will be made only upon application by the exporter and specific authorization to the Customs Director and the exporter for the particular project or shipment, approved by both the Bureau of the Census and the Office of Export Administration, and will be conditioned upon a prescribed identification which must appear upon the declarations. The particular types of shipments for which such exceptions may be possible are as follows:

(1) Shipments to a contractor under a Department of Defense or other armed service contract for the construction of facilities for the use of the U.S. armed services.

(2) Temporary exports by or to U.S. Government agencies.

(3) Shipments of supplies and material to contractors in the Panama Canal Zone for the construction and/or maintenance of the Panama Canal Zone and its facilities.

(b) Special exemptions to specific portions of the requirements of $30.7 with respect to the reporting of detailed information on the Shipper's Export Declaration may also be granted by the Bureau of the Census with the concurrence of the Office of Export Administration for certain Department of Defense shipments, or shipments made on behalf of the Department of Defense, to foreign governments under the cash reimbursable provisions of the Mutual Defense Assistance Program (military sales), if and when arrangements have been made for the Bureau of the Census to obtain the desired statistical information other than through the reporting of complete commodity detail on the Shipper's Export Declaration.

$330.35–30.36 (Reserved]

830.38 (Reserved]

830.37 Exceptions from the require

ment for reporting complete commodity detail on the Shipper's Export Declaration. (a) Where it can be determined that particular types of U.S. Government shipments, or shipments for Government projects, are of such nature that they should not be included in the export statistics, and further, where no detriment to the export control program would be involved, special arrangements can sometimes be made to

830.39 Authorization for reporting sta

tistical information other than by means of individual Shipper's Export Declarations filed for each

shipment. (a) The Census Bureau, with the concurrence of appropriate government agencies, may authorize exemptions

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